There is Some Justice In the World (or How to Beat the ECB and Your Crazy Neighbor in One Fell Swoop)

Another thing we have been dealing with over here is an Environment Control Board (ECB) violation that we got back in February. This was back when our crazy neighbor was calling the building department on us every other week making outlandish claims over and over again about up tampering with the grade of the soil in our backyard and thus making water run into his backyard. I'm still unclear on what exactly he thought the real issue was, but then I remember that he is insane and that nothing he says or does will make any sense.

So, early one Saturday morning in February, a representation from the Building Department (DoB) comes out and hooks ups with crazy neighbor who supposedly unleashes a torrent of babble on him as to how we are awful rich snobs who are ruining the homes of hardworking, lower class people (like him) with our reckless renovations. This is pretty laughable as our crazy neighbor appears to be living on welfare and/or disability and it's doubtful that he has ever contributed anything to society other than his enormous gut and loud mouth. The DoB guy can't find an issue with the soil but he does see a piece of foam up against the neighbors fence and goes ballistic, saying we are damaging the fence, there is too much trash in our backyard, it's a health hazard attracting mice and other animals, etc.

Tim happens to be there and tries to talk some sense into the guy, but it appears that the neighbor already has him all riled up and looking to give us a violation for something. I'm home, but I have no idea this is happens because the inspector has not knocked on my door or rang the buzzer. He spoke mostly to our neighbor and barked a bit at Tim, leaving the notice of violation on our door. The violation is listed as Hazardous with a mandatory court appearance and a maximum fine of $10,000.

Now there are a few issues with this: 1) It's February, so the ground is covered in snow and ice and there are no mice or other animals to be found 2) The DoB guy didn't serve the owner (me) directly or even check to see if I was present 3) The DoB guy stated that there was excessive trash in the yard but has no photos. His suggestion to Tim is that he get 10 yard containers to put in the yard to keep trash, which is preposterous for a residential job of this size—how would we get a container that big through the door? And up and down the stairs?

So we wait until April for our court date, Tim and I go and talk to a judge and the attorney for the DoB but the inspector isn't there. We tell them our side of the story and they say we need to come back again with the inspector is there. They reschedule for mid-May.

We go back in mid-May and the inspector is there this time, same judge, same attorney. I start cracking jokes with the judge (Tim thinks he had a little thing for me) and Tim is his charming and respectful yet pointed self in taking down the inspector's argument stone by stone. The inspector comes in with guns blazing but by the end of the hearing has pretty much admitted that it "wasn't a big deal" and we should just "be more careful with trash in the future"

Just last week we got the word that the violation was dropped, no fine and no problem. Suck it crazy neighbor! Finally some good news!

Comments

[sandy]

I cannot believe you had to go to court TWICE for something so ridiculous. Good for you for fighting it though, I'm glad you were successful!

[Gina]

Great site, I can't believe how organized your renovation is. Mine never seem quite so... We are digging out our cellar in Prospect Heights. Question for you, did your cellar walls go down to the new floor you put in? I have about a 3 foot gap where the walls end and the new floor begins. Our contractor seems to be taking shortcuts so I am just gathering info. Any info would be great. Thanks

[~dana]

Hi Gina--thanks! We actually didn't dig down at the foundation, we came in two feet and then dug down two feet so we have concrete ledges around the perimeter of our basement. We did this because the foundation did not go down deep enough and we did not want to deal with the cost and hassle of underpinning the foundation. You can see pictures of the ledges here: http://www.danabushman.com/here_is_the_house/2006/09/the_house_is_st.html